[SUSPENSEFUL MUSIC]
[CAR ENGINE]
[SIREN]
[POLICE RADIO CHATTER]
[CAR ENGINES]
[SIREN STOPS]
[CAR ENGINES STOP]
[CAR DOOR]
[BIRD WHISTLING]
[FOOTSTEPS]
POLICE OFFICER 1: License and registration, please.
[UPBEAT THEME MUSIC]
NARRATOR: Of all the misperceptions
law enforcement officers face, perhaps none
is greater than the idea of diplomatic and consular
immunity.
In this scenario, for instance, the officer
noted the Department of State license plates.
Does that mean he just has to let him go?
Are there no consequences to the driver
just because he may have immunity?
In fact, why do we even need to grant immunity?
Let's start at the beginning.
The idea of immunity is not new.
Even in ancient Greece and Rome, special status
was afforded to diplomatic envoys.
Those basic concepts evolved and were
codified in a series of multinational treaties
that were signed in Vienna in the 1960s.
These treaties grant varying levels
of immunity to diplomatic and consular personnel
and their family members.
In essence, these immunity rules protect
our diplomatic and consular personnel abroad
when we post them to other countries.
That's why we abide by the idea of immunity
for these foreign officials.
But that doesn't mean there are no consequences
for their actions.
Under the Vienna conventions on diplomatic and consular
relations, persons with immunity have an obligation
to respect the laws of their host nation.
[POLICE RADIO CHATTER]
MR. ADAM SMITH: Hey, what's the holdup?
You see my license.
I'm a diplomat.
I have immunity.
You can't arrest me.
So give me back my papers and let me go.
[CAR DOOR]
POLICE OFFICER 1: Sorry, but no, sir.
You're not going anywhere for a little while.
So please get back in your car and turn off your engine.
[FOOTSTEPS]
NARRATOR: Note that the first thing the officer did
was ensure safety--
his safety and the safety of the consular officer.
POLICE OFFICER 1: Wait for me in your car,
and I'll be back shortly.
NARRATOR: The second thing the officer
did was confirm the identity of the consular officer,
noting the driver's U.S. Department of State ID card.
The State Department's phone number
is on the back of both the ID card and driver's license.
And the Department is available 24/7
to verify an official's identity and status.
Even though the officer noted the Department
of State plates and ID card,
[FOOTSTEPS]
he still wanted to be sure they were valid.
He also wanted to ensure the State Department was
aware of this incident.
POLICE OFFICER 1: So Mr. Smith, you're a consular officer.
MR. SMITH: Yes.
POLICE OFFICER 1: And you work for your country's consulate
in Atlanta.
MR. SMITH: Yes.
POLICE OFFICER 1: OK.
I understand from the State Department
that you have the immunity given consular officers,
but I still can and will issue a must appear
citation for reckless driving.
The State Department and your embassy will be notified.
MR. SMITH: What does this mean, must appear?
[MUSIC CONTINUES]
NARRATOR: It means that our driver as a consular officer
has immunity only for his consular functions.
[PASSING CAR ENGINE]
So he has to appear before a criminal court for charges
regarding non-official acts.
[PASSING TRUCK ENGINE]
This is the case for most consular officers,
but there are some exceptions, so always
call the State Department.
If found guilty, the consular officer
could face fines, points on his driving record,
[PEN SCRATCHES PAD]
or a possible license suspension,
which he must abide by
notwithstanding his immunity status.
So no arrest in this case,
but definitely consequences for his action.
POLICE OFFICER 1: Please slow down now, Mr. Smith,
and be safe.
[MUSIC STOPS]
[CAR ENGINE]
[SUSPENSEFUL MUSIC BEATS]
STORE SECURITY PERSON: Excuse me, ma'am.
You're carrying items you didn't pay for.
You need to come with me to the store security office.
WOMAN: What?
No, it's a mistake.
I'll pay.
STORE SECURITY PERSON: I'm afraid it's too late for that.
POLICE OFFICER 2: Ma'am, store security called us
because they have camera footage of you taking their clothing,
hiding it in a bag, and leaving the store without paying.
Now since the amount of clothing exceeds
$1,000, which makes it a felony in this state,
I'm going to have to place you under arrest.
Please place your hands behind your back.
WOMAN: Handcuffs?
Arrest?
No, you can't.
My husband is a diplomat.
I have immunity.
You must let me go now.
POLICE OFFICER 2: I'm sorry.
I can't let you leave until I can call the State Department
to confirm your identity.
Just please wait here while I give them a call.
NARRATOR: The officer then asked her dispatch to connect it
to the State Department.
Again, the State Department is available 24/7
to verify any claim of diplomatic or consular status
and the level of immunity.
POLICE OFFICER 2: OK, the State Department
confirmed that you are who you say you are
and you do have diplomatic immunity--
so no handcuffs and no arrest.
WOMAN: Yes, is good.
Thank you.
It's all a big mistake.
Please do not tell my husband.
OK?
POLICE OFFICER 2: Sorry, no, it's not OK.
I'll be writing up my report and sending it
to the State Department.
They, in turn, will contact your embassy
to inform them of what happened.
WOMAN: Embassy?
No, you can't.
I have immunity.
You can't do this.
NARRATOR: Actually, she can and did.
The State Department, in turn, informed her embassy
that if they didn't waive her immunity so that she could face
the felony charges in court, she would have to leave the U.S.
And if she returned, she could face prosecution
on the charges.
So no, she wasn't arrested.
In fact, knowing she was the spouse of a diplomat,
the officer went out of her way to treat her
with dignity and respect, but there were consequences
for her actions nevertheless.
[MUSIC STOPS]
[CRICKETS]
[MUSICAL BEATS]
[PASSING CAR ENGINE]
[CAR ENGINE]
Over the course of a year, only a very small percentage
of diplomats break our laws.
But when they do, the most common offenses
involve traffic or moving violations.
A rare few involve DUIs.
In one case, a police officer noted a car
traveling well over the posted speed
and failing to stop for a red light.
She also noted the Department of State diplomatic license plates.
[CAR BRAKES]
[GLASS BREAKS] [CRASHING METAL]
[POLICE RADIO CHATTER]
DRIVER: (SLURRED SPEECH) Oh, I think I hit my car bad.
NARRATOR: When the officer approached the driver,
[FOOTSTEPS] [CRICKETS]
she smelled the strong odor of alcohol on his breath.
[MUSIC CREEPS IN]
POLICE OFFICER 3: Sir, are you OK?
DRIVER: (SLURRED SPEECH) Yes, I'm OK.
But I hit this, no?
POLICE OFFICER 3: You hit this, yes.
Have you been drinking?
DRIVER: (SLURRED SPEECH) Oh, only a few drinks, maybe.
POLICE OFFICER 3: OK, well, I'd like to give you a few tests
to see how many drinks.
Why don't we start with a breathalyzer?
Is that OK with you?
DRIVER: (SLURRED SPEECH) No not OK, I'm a diplomat-- no tests.
Can I go now?
POLICE OFFICER 3: No, you're not going anywhere just now.
Just let me see your State Department driver's license
and ID.
OK.
Wait here while I make a call.
NARRATOR: Again, note what the officer did.
First, she ensured her safety and the safety of the driver
by controlling the situation in a respectful,
but authoritative manner.
Next, she called the State Department
to verify the driver was indeed a diplomat
and to report the incident.
POLICE OFFICER 3: OK.
Just spoke with the State Department,
and they confirmed you have diplomatic immunity,
so I can't arrest you.
But I am going to issue citations for reckless driving,
running a red light, and failure to avoid a collision.
And I'll be submitting a detailed report
of this encounter documenting your impairment
to the State Department.
DRIVER: (SLURRED SPEECH) Whatever.
Can I go now?
POLICE OFFICER 3: No, I'm sorry, sir.
It's not safe for you to drive in your condition.
Who should I call to take you home?
Do you want me to call a family member?
Or can I call you a cab?
NARRATOR: Thanks to the detailed report from the officer,
the State Department was able to take action.
[MUSIC TEMPO INCREASES]
First, they notified the embassy of the incident.
Then, even though the officer did not cite for DUI,
the State Department, as the issuing authority
for the driver's license, suspended the diplomat's
[BANGS]
driving privileges for a period of six months
and ensured that the diplomat paid the fines to satisfy
his other three citations.
In this case, the embassy also took action against the driver.
His assignment was terminated, and he was
recalled to his home country.
In short, thanks to diligent action by the police officer,
the driver found too late that his actions
indeed had consequences.
[AIRPLANE ENGINE]
[TRAFFIC SOUNDS]
Again, the vast majority of individuals
with immunity assigned to the United
States or international organizations
are law-abiding and scrupulous in their conduct.
[MORE UPBEAT MUSIC]
But when they do break the law, their immunity status
does not mean no action will be taken--
just the opposite.
When local law enforcement officials
contact the State Department to report an incident,
the Department can then employ a number of diplomatic tools
to ensure that no one is above our laws.
[MUSIC PLAYING]